Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Employment Law
  • Unit Code

    LAW2105
  • Year

    2015
  • Enrolment Period

    1
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit is focused on the employment and industrial law in Australia. The unit introduces students to the following topics: identifying employment, common law of employment contracts, duties of employees and employers, legislation relating to Occupational Safety and Health, termination of employment, and discrimination. The statutory systems in relation to unfair dismissal, industrial action, freedom of association, right of entry and workers compensation will also be discussed.

Prerequisite Rule

Students must pass 1 units from LAW1100, LAW1116

Learning Outcomes

On completion of this unit students should be able to:

  1. Critically reflect upon, analyse, consolidate and synthesize such employment law knowledge.
  2. Develop and demonstrate communication skills to present, in verbal and written work, a clear, coherent and independent transmission of employment law knowledge and ideas to others.
  3. Develop and demonstrate creative skills to exercise critical thinking in identifying, applying and evaluating legal problems in employment law.
  4. Develop cognitive and legal skills to demonstrate a broad understanding and knowledge of the key principles of employment law such as contemporary trends in the regulation of work, agreement making, unfair dismissal and employment discrimination at a Federal and state level, occupational safety and health, the law relating to an employee's right to receive workers compensation and legal concepts relating to industrial action and rights of entry.

Unit Content

  1. Duties of employers - employees.
  2. Employment discrimination.
  3. Rights of entry and industrial action.
  4. Termination of employment.
  5. The Occupational Safety and Health Act (WA).
  6. The Workers Compensation Act (WA).
  7. The nature of the employer - employee relationship.
  8. Unfair dismissal under statutory regimes.

Additional Learning Experience Information

On-campus students attend a weekly two hour lecture and a one hour tutorial each week. Students will develop their communication skills by preparing responses to and participating in tutorial discussions of problem questions on employment law issues. Off-campus students will access the program via Blackboard. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentAssignment30%
ParticipationTutorial participation10%
ExaminationExamination60%
ONLINE
TypeDescriptionValue
AssignmentAssignment30%
ParticipationOnline participation10%
ExaminationExamination60%

Text References

  • ^ STATUTES Fair Work Act 2009 (Cth) Occupational Safety and Health Act 1984 (WA) Workers Compensation and Injury Management Act 1981 (WA)
  • ^ Van der Waarden, N. (2014). Understanding employment law: Concepts and cases (3rd ed.). Sydney: LexisNexis Butterworths.
  • CCH (2013) Australian Fair Work Act 2009: With regulations and rules (5th ed.). Sydney:CCH.

^ Mandatory reference


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2105|2|1

Faculty of Business and Law

School: Law and Justice

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Employment Law
  • Unit Code

    LAW2105
  • Year

    2015
  • Enrolment Period

    2
  • Version

    2
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online

Description

This unit is focused on the employment and industrial law in Australia. The unit introduces students to the following topics: identifying employment, common law of employment contracts, duties of employees and employers, legislation relating to Occupational Safety and Health, termination of employment, and discrimination. The statutory systems in relation to unfair dismissal, industrial action, freedom of association, right of entry and workers compensation will also be discussed.

Prerequisite Rule

Students must pass 1 units from LAW1100, LAW1116

Learning Outcomes

On completion of this unit students should be able to:

  1. Critically reflect upon, analyse, consolidate and synthesize such employment law knowledge.
  2. Develop and demonstrate communication skills to present, in verbal and written work, a clear, coherent and independent transmission of employment law knowledge and ideas to others.
  3. Develop and demonstrate creative skills to exercise critical thinking in identifying, applying and evaluating legal problems in employment law.
  4. Develop cognitive and legal skills to demonstrate a broad understanding and knowledge of the key principles of employment law such as contemporary trends in the regulation of work, agreement making, unfair dismissal and employment discrimination at a Federal and state level, occupational safety and health, the law relating to an employee's right to receive workers compensation and legal concepts relating to industrial action and rights of entry.

Unit Content

  1. Duties of employers - employees.
  2. Employment discrimination.
  3. Rights of entry and industrial action.
  4. Termination of employment.
  5. The Occupational Safety and Health Act (WA).
  6. The Workers Compensation Act (WA).
  7. The nature of the employer - employee relationship.
  8. Unfair dismissal under statutory regimes.

Additional Learning Experience Information

On-campus students attend a weekly two hour lecture and a one hour tutorial each week. Students will develop their communication skills by preparing responses to and participating in tutorial discussions of problem questions on employment law issues. Off-campus students will access the program via Blackboard. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
TestMid Semester test30%
ParticipationTutorial participation10%
ExaminationExamination60%
ONLINE
TypeDescriptionValue
TestMid semester test30%
ParticipationOnline tutorial participation10%
ExaminationExamination60%

Text References

  • STATUTES Fair Work Act 2009 (Cth) Occupational Safety and Health Act 1984 (WA) Workers Compensation and Injury Management Act 1981 (WA)
  • CCH (2013) Australian Fair Work Act 2009: With regulations and rules (5th ed.). Sydney:CCH.

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2105|2|2